CCPR/C/115/D/2474/2014
author filed two applications to have the Board’s negative decision on his appeal reversed.
On 22 July and 15 December 2011, the Board determined that there were no grounds for
reversal. On 26 December 2012, the author filed an appeal before the Oslo District Court.
As a witness in the proceedings before the Court, the former senior priest testified that he
was impressed by the author’s broad and profound commitment to Christianity. On 21 June
2012, the Court granted the author’s appeal, finding that he had developed a deeper
knowledge of Christianity after the issuance of the Board’s decision and that his conversion
was therefore genuine. The Court also granted the author’s motion for an “interlocutory
injunction” to stay his removal until the conclusion of domestic proceedings.
2.6
On an unspecified date, the Board appealed the judgement of the Oslo District Court
before the Borgarting Court of Appeals. On 12 March 2014, the Court of Appeals
dismissed the decision of the Oslo District Court. On 15 April 2014, the author appealed the
decision of the Court of Appeals before the Norwegian Supreme Court, which dismissed
the appeal on 24 June 2014.
2.7
The author submits that, in the light of the decisions of the Court of Appeals and the
Supreme Court, he has exhausted all available and effective domestic remedies. He asserts
that he cannot be required to provide so-called new information and to again go through
domestic proceedings. Furthermore, he has no financial means to do so, and he is no longer
receiving pro bono assistance. On 24 September 2014, the author submitted an application
to the European Court of Human Rights concerning his deportation from Norway to
Afghanistan. On 1 October 2014, the application was declared inadmissible; the European
Court did not disclose the reasons for its decision.
The complaint
3.1
The author submits that Norway would violate his rights under articles 2 (3) and 7 of
the Covenant by forcibly removing him to Afghanistan, where he fears a real risk of serious
and irreversible harm, of being killed or subjected to ill-treatment. He maintains that the
domestic courts that ruled against him erred in several respects. First, the Court of Appeals
and the Supreme Court erred by failing to consider relevant facts that arose after the
Immigration Appeals Board issued its second decision rejecting the author’s application to
reverse the asylum decision of the Directorate of Immigration. The author argues that the
courts limited their assessment to a consideration of facts that existed at the time when the
final domestic decision ordering the author’s deportation was rendered. The author
maintains that instead, the courts should have adhered to the approach of the European
Court of Human Rights, which examines relevant facts existing at the time of the Court
proceedings.
3.2
Second, the author submits that the domestic courts subjected his claim to a higher
evidentiary threshold because he is an Afghan convert and emphasized that they focused in
particular on his “personal reflection about the conversion” and the “consequences of the
conversion”. The author maintains that in assessing his credibility, the courts should have
followed the approach of the European Court, which gives asylum seekers the benefit of the
doubt because of the vulnerable position they are often in. 3
3.3
Third, the author argues that the Court of Appeals and the Supreme Court erred in
their evidentiary assessments and failed to recognize that his Christian belief is genuine, as
he has consistently and expressly been considered a true Christian by senior representatives
of the Church of Norway and no concrete evidence to the contrary has been put forward by
any witnesses or Church representatives. To substantiate this claim, the author provides
recent statements by the former senior priest at Oslo Cathedral dated 22 September 2014, a
3
4
The author cites European Court of Human Rights application No. 43611/11, F.G. v. Sweden,
judgement of 16 January 2014, para. 34. The author states that this decision has not been finalized.